What is the testator’s obligation to make a testamentary provision for each of his two children?
British Columbia, Canada
The following excerpt is from Trudeau v Turpin Estate, 2019 BCSC 150 (CanLII):
The law is clear that a court is only entitled to constrain a testator’s testamentary disposition where the provision made to a spouse or a child is inadequate in terms of either legal norms or current societal moral norms: McBride v. Voth, 2010 BCSC 443 at paras. 125, 127. A testator’s moral duties are found in “society’s reasonable expectations of what a judicious person would do in the circumstances”. Where the size of the estate permits, some provision for each child should be made in the absence of circumstances that would negate the testator’s obligation: McBride at para. 127.
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